Is the failure of Congress to hold a hearing a Constitutional Violation? The Constitution specifically says t “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.”

In my view, the Senate's refusal to hold a hearing to even discuss the President's nomination is a failure to "advise" and "consent", and thus, it does constitute an unconstitutional failure to act.